The Delta State High Court sitting in Asaba on Wednesday granted bail to four defendants standing trial over the fatal shooting of Oghenemi “Mine” Ogidi in Effurun, Delta State, while the first defendant, ASP Usman Nuhu, popularly known as “Ogbegbe,” remains in custody.
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The development followed the closure of the defence cases by all five defendants in the trial arising from the April 26 incident.
The trial judge, Justice Michael Obi, granted bail to the second to fifth defendants — Onoloko Dauroupamo, Okoh Kelechi, Goodluck Kingsley and Omonigho Ahweyevu.
The defendants were members of the Anti-Crime Squad led by Nuhu at the Effurun Area Command of the Nigeria Police Force before they were dismissed by the police authorities following the incident.
Speaking to journalists after Wednesday’s proceedings, counsel to Nuhu, Uche Chibuogwu, said he did not consider it necessary to apply for bail for his client because of concerns over his safety and the gravity of the murder charge.
“Today, we opened our defence for the first defendant, and we concluded our case. The second, third, fourth and fifth defendants’ counsel did the same too. The second to the fifth defendants were granted bail because bail applications were filed on their behalf,” he said.
Explaining why no bail application was filed for Nuhu, Chibuogwu said: “We did not find it necessary to file a bail application for the first defendant, one, for his own safety, and secondly, this is a capital offence — the offence of murder.”
The lawyer acknowledged the loss suffered by the family and friends of the deceased, describing the defence as a difficult professional responsibility.
“Like I said on the 6th of October, the victim, the deceased person, has family, has friends. So, justice is for the deceased, for society, and for the other defendants. Justice should be for all. And this court is a court of equity,” he said.
He added: “For the deceased person, like I said earlier, it’s quite unfortunate. And this defence is a difficult one for me, but I have to do my constitutional duty as a lawyer.”
On the bail conditions imposed on the four defendants, Chibuogwu said their sureties must reside within the court’s jurisdiction, provide evidence of tax payment for three years and valid tax clearance certificates, and deposit their National Identification Number cards with the court.
He said the parties would return to court on November 17 to adopt their final written addresses, after which the matter would proceed towards judgment.
The Delta State Director of Public Prosecutions, Tejiri R. Anuwhin, who led the prosecution, also confirmed that all five defendants had opened and closed their defence cases.
Anuwhin said the prosecution had earlier closed its case after calling six witnesses, following which the defendants gave evidence and called a witness in their defence.
“The last time we came to court, we closed our case after calling six witnesses. Today was the turn of the defence to open their case, and the five defendants opened their defence, gave evidence and also called a witness.
“They also closed their case, and now we’ve adjourned the case to the 17th of November for adoption of final written addresses,” he said.
Explaining the decision to grant bail to the second to fifth defendants, the DPP said the offences they faced, bordering on negligence, carried a maximum prison term of six months.
He noted that the four defendants had been in custody since June 1 and said the court took the period already spent in detention into consideration.
“So ordinarily, if they were found guilty, they would have almost served that term of imprisonment,” Anuwhin said.
According to him, each defendant was required to produce a suitable surety who would guarantee his attendance at subsequent proceedings.
He added that each surety was required to provide a ₦2 million undertaking, possess a National Identification Number and reside within the court’s jurisdiction.
The matter was adjourned to November 17 for the adoption of final written addresses, after which the court is expected to reserve the case for judgment.
Meanwhile, in a separate case before Justice Obi, content creator Ifeanyi Ogbonna, popularly known as Odogwu Asaaba, pleaded not guilty to a two-count charge of rape and manslaughter arising from the death of Favour Agbro.
Delta State Solicitor-General Omamuzo Erebe, SAN, appeared for the state.
Justice Obi adjourned the case to October 28 for the commencement of trial.
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